H 637

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1H.637
2 Introduced by Representatives Goodnow of Brattleboro and LaLonde of South
3Burlington
4 Referred to Committee on
5 Date:
6 Subject: Motor vehicles; crimes; operating a vehicle under the influence of
7alcohol or other substances
8 Statement of purpose of bill as introduced: This bill proposes to make several
9 changes to the laws concerning operating a vehicle under the influence of
10 alcohol or other substances.
11    An act relating to operating a vehicle under the influence of alcohol or other
12    substances
13 It is hereby enacted by the General Assembly of the State of Vermont:
14 Sec. 1. 23 V.S.A. § 1201 is amended to read:
15 § 1201. OPERATING VEHICLE UNDER THE INFLUENCE OF
16ALCOHOL OR OTHER SUBSTANCE; CRIMINAL REFUSAL;
17ENHANCED PENALTY FOR BAC OF 0.16 OR MORE
18***
19    (h) As used in subdivision subdivisions (a)(2) and (a)(3) of this section,
20 “under the influence of a drug” means that a person’s ability to operate a motor
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1 vehicle safely is diminished or impaired in the slightest degree mental or
2 physical abilities are diminished, impaired, or affected in the slightest degree
3 by alcohol, a drug other than alcohol, or a combination of alcohol and another
4 drug. This subsection shall not be construed to affect the meaning of the term
5 “under the influence of alcohol.”
6***
7    (j) A person suspected of violating this section shall submit to the
8 collection of an evidentiary blood or saliva sample when a warrant for that
9 person’s blood or saliva is issued pursuant to subdivision 1202(f)(1) of this
10 title. This subsection shall not be construed as impairing a person’s right to
11 challenge the validity of a search warrant in any subsequent legal proceedings.
12 Sec. 2. 23 V.S.A. § 1202 is amended to read:
13 § 1202. CONSENT TO TAKING OF TESTS TO DETERMINE BLOOD
14ALCOHOL CONTENT OR PRESENCE OF OTHER DRUG
15    (a)(1) Implied consent. Every person who operates, attempts to operate, or
16 is in actual physical control of any vehicle on a highway in this State is deemed
17 to have given consent to an evidentiary test of that person’s breath for the
18 purpose of determining the person’s alcohol concentration or the presence of
19 other drug in the blood. The test shall be administered at the direction of a law
20 enforcement officer.
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1(2) Blood test. If breath testing equipment is not reasonably available or
2 if the officer has reason to believe that the person is unable to give a sufficient
3 sample of breath for testing or if the law enforcement officer has reasonable
4 grounds to believe that the person is under the influence of a drug other than
5 alcohol or a combination of alcohol and another drug, the person is deemed to
6 have given consent to the taking of an evidentiary sample of blood. If in the
7 officer’s opinion the person is incapable of decision or unconscious or dead, it
8 is deemed that the person’s consent is given and a sample of blood shall be
9 taken. A blood test sought pursuant to this subdivision shall be obtained
10 pursuant to subsection (f) of this section.
11***
12 Sec. 3. 23 V.S.A. § 1210 is amended to read:
13 § 1210. PENALTIES
14***
15    (b) First offense. A person who violates section 1201 of this title may be
16 fined not more than $750.00 or imprisoned for not more than two years, or
17 both.
18    (c) Second offense. A person convicted of violating who violates section
19 1201 of this title who has been convicted of another violation of that section
20 within the last 20 years preceding the date of the second violation shall be
21 fined not more than $1,500.00 or imprisoned not more than two years, or both.
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1 At least 80 hours of community service shall be performed, or 60 consecutive
2 hours of the sentence of imprisonment shall be served and may not be
3 suspended or deferred or served as a supervised sentence, except that credit for
4 a sentence of imprisonment may be received for time served in a residential
5 alcohol facility pursuant to sentence if the program is successfully completed.
6    (d) Third offense. A person convicted of violating who violates section
7 1201 of this title who has previously been convicted two times of a violation of
8 that section, including at least one violation conviction within the last 20 years
9 preceding the date of the third violation, shall be fined not more than $2,500.00
10 or imprisoned not more than five years, or both. At least 96 consecutive hours
11 of the sentence of imprisonment shall be served and may not be suspended or
12 deferred or served as a supervised sentence, except that credit for a sentence of
13 imprisonment may be received for time served in a residential alcohol facility
14 pursuant to sentence if the program is successfully completed. The court may
15 impose a sentence that does not include a term of imprisonment or that does
16 not require that the 96 hours of imprisonment be served consecutively only if
17 the court makes written findings on the record that such a sentence will serve
18 the interests of justice and public safety.
19    (e) Fourth or subsequent offense.
20(1) A person convicted of violating who violates section 1201 of this
21 title who has previously been convicted three or more times of a violation of
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1 that section, including at least one violation conviction within the last 20 years
2 preceding the date of the fourth violation, shall be fined not more than
3 $5,000.00 or imprisoned not more than 10 years, or both. At least 192
4 consecutive hours of the sentence of imprisonment shall be served and may not
5 be suspended or deferred or served as a supervised sentence, except that credit
6 for a sentence of imprisonment may be received for time served in a residential
7 alcohol treatment facility pursuant to sentence if the program is successfully
8 completed. The court shall not impose a sentence that does not include a term
9 of imprisonment unless the court makes written findings on the record that
10 there are compelling reasons why such a sentence will serve the interests of
11 justice and public safety.
12***
13 Sec. 4. EFFECTIVE DATE
14    This act shall take effect on passage.
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